(a) The
maximum number of adult dogs and adult cats, of any numbered combination,
allowed within any dwelling unit within any residential district within
the city is four (4) maximum animals. It shall be unlawful for anyone
to keep, hold, or maintain adult dogs and adult cats, of any numbered
combination, in violation of this section.
(b) Puppies
and kittens aged four months and younger that have matured to an age
over four months old and, in addition to adult dogs and adult cats
located within a dwelling unit, would violate the maximum number provisions
contained within this section, shall be promptly removed from a dwelling
unit by the occupant within thirty (30) calendar days of the violation.
(c) Veterinarian
facilities, pet shops, and animal care facilities are exempt from
this section.
(Ordinance 22-0205 adopted 2/1/22; Ordinance
23-0907 adopted 9/19/2023)
(a) The
minimum standards for restraint of a dog are contained in the Texas
Health and Safety Code, section 821.102, as amended, are incorporated
fully herein by reference and serve as the basis for this section.
(b) An
owner may not leave a dog outside and unattended by use of a restraint
unless the owner provides the dog access to:
(2) An area that allows the dog to avoid standing water and exposure
to excessive animal waste;
(3) Shade from direct sunlight; and
(c) An
owner may not restrain a dog outside and unattended by use of a restraint
that:
(3) Is shorter in length than the greater of:
(A) Five times the length of the dog, as measured from the tip of the
dog’s nose to the base of the dog’s tail; or
(B) 10 feet; This subsection does not apply to a restraint attached to
a trolley system that allows a dog to move along a running line for
a distance equal to or greater than the lengths specified under that
subdivision; or
(4) Is attached to a collar or harness not properly fitted.
(d) Exceptions:
This section does not apply to:
(1) The use of a restraint on a dog in a public camping or recreational
area in compliance with the requirements of the public camping or
recreational area as defined by a federal, state, or local authority
or jurisdiction;
(2) The use of a restraint on a dog while the owner and dog engage in,
or actively train for, an activity conducted under a valid license
issued by this state provided the activity is associated with the
use or presence of a dog;
(3) The use of a restraint on a dog while the owner and dog engage in
conduct directly related to the business of shepherding or herding
cattle or livestock;
(4) The use of a restraint on a dog while the owner and dog engage in
conduct directly related to the business of cultivating agricultural
products;
(5) A dog left unattended in an open-air truck bed only for the time
reasonably necessary for the owner to complete a temporary task that
requires the dog to be left unattended in the truck bed;
(6) A dog taken by the owner, or another person with the owner’s
permission, from the owner’s residence or property and restrained
by the owner or the person for not longer than the time necessary
for the owner to engage in an activity that requires the dog to be
temporarily restrained;
(7) A dog restrained while the owner and dog are engaged in, or actively
training for, hunting or field trialing; or
(8) A person walking a dog with a handheld leash.
(e) A
person commits an offense if the person knowingly violates this section.
The restraint of each dog that is in violation is a separate offense.
(f) An
offense under this section is a class C misdemeanor, except that the
offense is a class B misdemeanor if the person has previously been
convicted under this section.
(g) If
conduct constituting an offense under this section also constitutes
an offense under any other law, the actor may be prosecuted under
this section, the other law, or both.
(Ordinance 22-0205 adopted 2/1/22)
All dogs and cats over the age of four months within the city
shall be immunized against rabies, at a minimum of every 12 or 36
months, depending on the vaccine used, by a licensed veterinarian
and by means of any standard vaccine approved by the U.S. Government
for the prevention of rabies.
(Ordinance 22-0205 adopted 2/1/22)
(a) Unrestrained
animals or animals deemed to be a public nuisance shall be taken by
the animal control officer and impounded in an animal control facility.
(b) Impounded
animals which have a current rabies tag attached to a collar about
the animal’s neck or other identifying markings will be kept
for at least five business days. Animals with no rabies tag or identifying
marking will be kept at least three business days. However, if, in
the opinion of the animal control facility veterinarian, the animal
is too sick or injured to survive the impoundment period, it may be
immediately euthanized.
(c) If
the owner of an impounded animal can be identified, the animal control
officer shall notify the owner as soon as possible.
(d) In
addition to, or in lieu of, impounding an animal found at large, the
animal control officer may issue to the known owner of such animal
a notice of ordinance violation.
(e) It
shall be unlawful for any person to rescue or turn loose impounded
animals from the animal control vehicle, animal control facility,
or live traps without the consent of the animal control officer.
(Ordinance 22-0205 adopted 2/1/22)
(a) Any
animal may be claimed by its owner upon payment of all fees and expenses
related to the impoundment.
(b) Animals
must have a current vaccination tag prior to being redeemed or adopted.
(c) Any
animal not claimed in a facility by its owner within three days (unidentified
owner), or five days (identified owner), shall become the property
of the city, or the facility, and shall be placed for adoption in
a suitable home or humanely euthanized.
(d) Any
animal placed for adoption will be surgically sterilized prior to
its release to the new owner.
(e) Adoption
fees will include any fee or expense related to the animal’s
confinement, medical attention, vaccinations, and surgical procedures.
Adoption fees will be paid directly to the animal control facility.
(Ordinance 22-0205 adopted 2/1/22)
(a) The
minimum regulations for dangerous dogs in Texas Health and Safety
Code chapter 822, as amended, are incorporated fully herein and serve
as the basis for this section.
(b) Requirements for owner of dangerous dog.
Not later than
the 30th day after a person learns that he is the owner of a dangerous
dog, the person shall meet the following requirements:
(1) Confinement.
All dangerous dogs shall be confined in
a secure enclosure.
(2) Leash and muzzle.
The owner of a dangerous dog shall
not allow the animal to go outside its kennel, pen or structure unless
the animal is muzzled, restrained by a chain or leash not more than
four feet in length, and under the physical control of a person. The
muzzle must not cause injury to the animal or interfere with its vision
or respiration, but must prevent the animal from biting any human
or animal.
(3) Signs.
The owner of a dangerous dog shall display in
a prominent place on the owner’s premises a clearly visible
warning sign indicating that there is a dangerous dog on the premises.
The sign must be readable from the public roadway or thoroughfare.
The owner shall also display a sign with a symbol warning children
of the presence of a dangerous dog. Similar signs shall be posted
on the animal’s kennel, pen or enclosed structure.
(4) Registration.
Every person who owns a dangerous dog
must annually register such animal with the animal control officer.
A collar on the anima identifying the animal as a dangerous must be
worn at all times. Such collars must also have the owner’s name
and address. A registration fee, as prescribed by the most recent
municipal fee schedule, shall be charged for each dog.
(5) Insurance.
The owner of a dangerous dog must provide
proof to the city that the owner has procured public liability insurance
of at least $100,000.00, insuring the owner for any damage or personal
injury which may be caused by the animal.
(6) The owner of a dangerous dog who does not comply with the requirements
of this section shall deliver the dog to the animal control officer
not later than the thirtieth (30th) day after the owner learns that
the dog is a dangerous dog.
(c) Seizure of a dog causing death or serious bodily injury to a person.
(1) The municipal court shall order the animal control officer to seize
a dog that causes death or serious bodily injury to a person and shall
issue a warrant authorizing the seizure:
(A) On the sworn complaint of any person, including the attorney or a
peace officer, that the dog has caused the death of or serious bodily
injury to a person by attacking, biting, or mauling the person; and
(B) On the showing of probable cause that the dog caused the death of
or serious bodily injury to the person, as stated in the complaint.
(2) The animal control officer shall seize the dog and shall provide
for the impoundment of the dog in a secure and humane condition until
the court orders the disposition of the dog.
(3) The court shall set a time for the hearing to determine whether the
dog caused the death of or serious bodily injury to a person by attacking,
biting, or mauling the person. The hearing must be held not later
than the tenth day after the date on which the warrant is issued.
(4) The court shall give written notice of the time and place of the
hearing to the owner of the dog or the person from whom the dog was
seized and the person who made the complaint.
(5) Any interested party, including the city attorney, is entitled to
present evidence at the hearing.
(6) The court may order the dog destroyed if the court finds that the
dog caused the death of a person by attacking, biting, or mauling
the person. If that finding is not made, the court shall order the
dog released to its owner, the person from whom it was seized or any
other person authorized to take possession of the dog.
(7) The court may not order the dog destroyed if the court finds that
the dog caused the serious bodily injury to a person by attacking,
biting or mauling the person and:
(A) The dog was being used for the protection of a person or a person’s
property; and the attack, bite, or mauling occurred in an enclosure
in which the dog was being kept; and the enclosure was reasonably
certain to prevent the dog from leaving the enclosure on its own and
provided notice of the presence of a dog; and the injured person was
at least eight years of age, and was trespassing in the enclosure
when the attack, bite, or mauling occurred;
(B) The dog was not being used for the protection of a person or person’s
property; and the attack, bite or mauling occurred in an enclosure
in which the dog was being kept; and the injured person was at least
eight years of age and was trespassing in the enclosure when the attack,
bite, or mauling occurred;
(C) The attack, bite, or mauling occurred during an arrest or other action
of a peace officer while the peace officer was using the dog for law
enforcement purposes;
(D) The dog was defending a person from an assault or person’s
property from damage or theft by the injured person; or
(E) The injured person was younger than eight years of age; the attack,
bite, or mauling occurred in an enclosure in which the dog was being
kept; and the enclosure was reasonably established to keep a person
younger than eight years of age from entering.
(8) Destruction of dog: The destruction of a dog under this subsection
must be performed by a licensed veterinarian; or personnel of a recognized
animal shelter or humane society who are trained in the humane destruction
of animals; or personnel of a governmental agency responsible for
animal control who are trained in the humane destruction of animals.
(d) Dangerous dog declaration and procedure.
(1) If the animal control officer has cause to believe that an animal
is dangerous, he may find and declare that animal dangerous and shall
notify the owner, in writing, of that fact.
(2) If the owner cannot be located, the animal may be immediately impounded
and notice shall be posted on the owner’s property or sent by
certified mail to the owner’s last known address.
(3) An owner, not later than the 15th day after the date the owner is
notified that a dog owned by the owner is a dangerous dog, may appeal
the determination of the animal control officer to the municipal court.
An owner may appeal the decision of the municipal court in the same
manner as an appeal for other cases from the municipal court.
(4) Upon application, the court shall set a time for a hearing to determine
whether the dog is a dangerous dog or whether the owner of the dog
has complied with the requirement for keeping a dangerous dog. The
hearing must be set not later than the tenth day after the date on
which the dog is seized or delivered.
(5) The court shall give written notice of the time and place of the
hearing to the owner of the dog or the person from whom the dog was
seized and the person who made the complaint. Any interested party,
including the city attorney, may present evidence at the hearing.
(6) If the animal has attacked, bitten or injured a human being or domestic
animal and the circumstances indicate that there is a probability
of additional occurrences, and that the animal poses a threat of serious
harm to the public health and safety, the animal control officer may
order the impoundment and destruction of the animal after notifying
the owner. Such notice shall be in writing and shall be issued within
two days of the impoundment.
(7) The owner shall have the right to a hearing as outlined above.
(8) If the owner fails to request a hearing or fails to appear at the
hearing, the animal will be destroyed.
(9) If a court finds, after notice and hearing as provided in this subsection,
that the owner of a dangerous dog has failed to comply with the requirements
for keeping a dangerous dog, the court shall order the animal control
officer to seize the dog and shall issue a warrant authorizing the
seizure. The animal control officer shall seize the dog and provide
for its impoundment in secure and humane conditions.
(10) The owner shall pay any cost or fee assessed by the city related
to the seizure, acceptance, impoundment, or destruction of the dog.
(e) Immediate destruction of the animal if warranted.
Nothing
in this section shall be construed to prevent the immediate destruction
by the animal control officer of any vicious animal when less drastic
methods, such as tranquilizing, are not effective or available or
when the animal cannot be restrained or controlled.
(f) Reporting requirements.
(1) If the owner of a registered dog sells or moves the dog to a new
address, the owner, not later than the 14th day after the sale or
move, shall notify the animal control officer of the new address.
(2) The owner of a registered dangerous dog shall notify the animal control
officer of any attacks the dangerous dog makes on people.
(g) Consequences of attacks by dangerous dog.
(1) A person commits an offense if the person is the owner of a dangerous
dog and the dog makes an unprovoked attack on another person outside
the dog’s enclosure and causes bodily injury to the other person.
(2) An offense under this section is a class C misdemeanor, unless the
attack causes serious bodily injury or death, in which event the offense
is a class A misdemeanor.
(3) If a person is found guilty of an offense under this section, the
court may order the dangerous dog destroyed by a licensed veterinarian.
(Ordinance 22-0205 adopted 2/1/22)
A feral cat trap-neuter-return (TNR) program shall be established
by the city for the purpose of eliminating a potential public health
or public safety threat, a nuisance, or for the welfare of the animal.
The animal control officer shall develop policies and operational
procedures for the trapping and disposition of feral cats. The city
may partner with an animal advocacy group on the establishment of
a TNR program.
(Ordinance 22-0205 adopted 2/1/22)